UPSC Polity Practice Questions
Target: Mission Prelims 2027
Updated:
Difficulty
Hard
Skill Tested
Applied Logic
Topic Clusters
Examine the logical coherence between the following constitutional doctrines and their practical applications:
1. Evidence 1: In the Kesavananda Bharati case, the Supreme Court established the 'Basic Structure' doctrine. Inference 1: Subsequently, the Court classified the 'Rule of Law' as an indestructible basic feature of the Constitution.
2. Evidence 2: The principle of 'Equality before Law' dictates that no person is above the jurisdiction of the courts. Inference 2: Therefore, a sitting State Governor can be immediately arrested and subjected to criminal proceedings if caught committing a felony.
3. Evidence 3: The Indian Constitution meticulously outlines the powers and boundaries of the Executive, Legislature, and Judiciary. Inference 3: Consequently, India operates under Constitutional Supremacy, rejecting the concept of absolute Judicial Supremacy.
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Correct Option: A
In India, Constitutional Supremacy prevails, not Judicial Supremacy. The Rule of Law, declared a 'basic feature' in the Kesavananda Bharati case, subjects all authorities to the Constitution. However, the Rule of Law has exceptions: the President and Governors enjoy absolute immunity from criminal proceedings while in office.
Solution
Consider the following Assertion and Reasons:
1. Assertion (A): Unlike the United States, the Indian political system does not operate under the doctrine of absolute Judicial Supremacy.
2. Reason (R1): In India, the Constitution itself is the supreme law of the land, and the judiciary's power of review is strictly limited by the textual boundaries and basic structure of the Constitution.
3. Reason (R2): The Kesavananda Bharati ruling formally subordinated the Supreme Court to the Union Parliament.
Solution
Imagine you are explaining the Indian justice system to a foreign diplomat. The diplomat asks: 'If the Rule of Law is a basic feature of your Constitution, does that mean your Supreme Court holds ultimate Judicial Supremacy, and your President can be criminally charged like any normal citizen?' How do you accurately correct the diplomat?
1. Statement 1: Inform them they are entirely correct; Judicial Supremacy is the bedrock of India, and no executive is immune from criminal law.
2. Statement 2: Correct them by explaining that India follows Constitutional Supremacy (not Judicial), and that the President enjoys an explicit constitutional exception granting absolute immunity from criminal proceedings while in office.
3. Statement 3: Correct them by explaining that India follows Parliamentary Supremacy, meaning Parliament can override the Rule of Law and arrest the President at will.
Solution
Consider the following statements regarding the Rule of Law and Supremacy doctrines in India:
1. 1. The Supreme Court established in the Kesavananda Bharati case that the Rule of Law is an unamendable basic feature of the Constitution.
2. 2. To uphold absolute equality, the Constitution permits immediate criminal prosecution of a sitting State Governor.
3. 3. The Indian political system is characterized by the doctrine of Constitutional Supremacy.
4. 4. The doctrine of Judicial Supremacy ensures the Supreme Court can rewrite the Constitution at its own discretion.
Solution
Thus, exactly two statements are correct.
🚨 The Examiner's Trap
Because the Supreme Court frequently strikes down laws, candidates falsely assume India operates under 'Judicial Supremacy' (an American concept). They also assume 'Rule of Law' means absolutely NO exceptions, forgetting the strict criminal immunities granted to the President and Governors.
Concept Flow Mapping
Logic Quest
"Does the principle of 'Rule of Law' mean that the Indian Supreme Court holds absolute 'Judicial Supremacy' over the Parliament?"
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